LEAVE OF ABSENCE AND ANNUAL LEAVE POLICY AND PROCEDURE

LEAVE OF ABSENCE AND ANNUAL LEAVE

Contents Page

1.0Introduction2

2.0Annual Leave2

2.1Teaching Staff4

2.2Support Staff employed on Term Time Only (TTO) basis5

2.3Support Staff working all year round5

3.0Leave of Absence6

3.1Public Service7

3.2Service in Non regular Forces9

3.3Special Events/Functions9

3.4Bereavement Leave10

3.5Absence for Dental treatment10

3.6Absence for Doctors’/Hospital Appointments11

3.7Emergency/Domestic Leave11

3.8Time off for medical screening13

3.9Donors14

3.10Treatment in relation to infertility14

3.11Impairment related leave14

3.12Leave for study/examinations15

3.13Interview Leave16

3.14Religious Festivals and Special Events16

3.15Overstaying/delayed returns17

3.16Attendance at Weddings17

3.17Graduation Ceremony18

3.18Moving House18

3.19Severe Weather Conditions – Attendance at work18

4.0Leave of absence without pay20

5.0Summary Tables21

LEAVE OF ABSENCE AND ANNUAL LEAVE

1.0INTRODUCTION:

1.1This policy provides information regarding the entitlements of school based staff to annual leave and to leave of absence.

It is worth noting some general points

  • This procedure applies to allschool based employees relative to appropriate conditions of service.
  • All specific time off provisions (in days) detailed in this document will in the first instance be provided on a pro-rata basis for part time/job share employees but each case will be subject to the discretion of the Governing Body based on individual circumstances and mindful of matters or consistency and fairness.
  • Requests to take annual leave in term time will be considered but will only be granted, as is always the case with annual leave, where the needs of the service can be addressed.
  • Requests for leave of absence from staff who are employed on a term time only basis will be approved in accordance with the guidance provided within this document.
  • 'Close relatives' or 'immediate family' are defined as spouse, partner, children, parents, grandparents, sister/brother, parents-in-law and those of partner or nominated next of kin. This also includes step children, foster and adopted children/parents. Consideration may be given to other relatives not mentioned above on a case by case basis.
  • A ‘year’ refers to a 12 month period between 1 April and 31 March.
  • Governing Bodies will have responsibility for approving all requests but may choose to devolve decisions to the Principals. Governing Bodies and/or Principals may consult with the School's Personnel Adviser in seeking guidance and advice on implementing this policy.
  • Principals must make decisions about requests for leave in accordance with this policy and in the context of the operational requirements of the school.
  • Guidance on Maternity/Birth/Adoption/Parental Leave forms a separate section in the Personnel Handbook for Schools.
  • Regard should be given to the confidential nature of the information which may be required to be given

Note:

In applying these procedures, Principals should also look flexibly at the alternatives to unpaid leave which are available to them. For example:

  • Working from home
  • Flexi time
  • Time in lieu
  • Temporary adjustment to hours
  • Annual leave

This list is obviously not exhaustive, and further guidance is available from the School's Personnel Advisor.

2.0ANNUAL LEAVE

2.1Teaching Staff

Teaching staff are not entitled to any additional leave other than school holidays.

Teaching staff are contracted to work 195 days per annum (pro-rata for Part-time staff).

Requests for Leave of Absence on the defined working days will not normally be approved, except in accordance with the provisions of this document.

2.2Support Staff employed on a Term Time Only (TTO) basis

Support staff employed on a term time only basis are not entitled to any additional leave other than school holidays.

School support staff employed on a term time only basis will normally work for the 190 or 195 days of the agreed school Calendar for the academic year. Occasionally local agreements vary this norm.

Requests for Leave on the defined working days will not normally be approved, except in accordance with the provisions of this document.

2.3Support Staff working all year round

Support Staff employed to work throughout the year are entitled to annual leave, as follows:

2.3.1Annual Leave Entitlement

The annual leave year runs from 1 April to 31 March and the annual leave entitlement is as follows;

Spinal ColumnBasic LeaveEntitlement After

PointsEntitlement5 Years Service*

Up to 21 2025

22 - 28 2126

29 - 40 2328

41 and over 2530

This additional annual leave will be granted from the date of the fifth anniversary of appointment; on a pro rata basis during the leave year in which that anniversary falls.

It is expected that annual leave for staff employed throughout the year will normally be taken during the school holidays. Holiday arrangements should not be made until the dates have been approved by the Principal.

2.3.2Annual Leave Carry Over

Employees will not normally be able to carry over unused annual leave from one year to the next. In exceptional work related circumstances, Principals have the discretion to allow employees to carry over up to five days leave. Should this be the case, leave must be taken before the 30th June of that year or the entitlement will be lost.

2.3.3Statutory and General National Holidays,

In addition to the Annual Leave entitlement Support Staff employed to work throughout the year are entitled to the following general and public statutory days:

Good Friday; Easter Monday; May Day;

Spring Bank Holiday Monday;

Late Summer Bank Holiday Monday;

Christmas Day; Boxing Day; New Year's Day

Schools will be notified of any special arrangements over the Christmas and New Year period.

Note: There may be support staff (specifically Superintendents) who have an additional days leave due to protection arrangements which may apply. Staff may consult with Human Resources to ascertain their exact circumstances.

2.3.4Entitlement During Maternity Leave

Annual leave entitlement continues to accrue during ordinary maternity leave. Support staff working all year round, who are due to take maternity leave, should agree with their line manager that outstanding leave will be taken either before maternity leave commences or before their return to work. Please refer to sections 3.4.7, 3.4.9 and 3.4.10 of the Work and Families Policies for further details.

3.0LEAVE OF ABSENCE

In cases where leave of absence is requested, employees must complete a Leave of Absence/Special Leave request form

The granting of special leave is not an automatic entitlement. Except for cases of family bereavement and serious family illness, staff who work throughout the year should make the best use of annual leave before applying for special leave. Any decisions on requests for special leave will take account of both school requirements and the employee’s own needs.

Each case will be considered on an individual basis and in some circumstances the operational needs of the school will be the determining factor when decisions are made.

It is recognised that there will be occasions when employees require time off either with or without pay, and the provisions contained within this policy aims to meet these requirements. However, employees will appreciate that any abuse of these provisions may lead to disciplinary action being taken.

Any requests for leave with pay which are not covered in this policy (where the Principals is sympathetic towards the request) will be considered by the Principals in consultation with a Personnel Adviser.

It is a requirement that, when any time off is requested, the employee must give the Principals or Line Manager as much notice of such requests as is possible.

Where the Principals or Line Manager considers that a request is unreasonable it will be refused – in such circumstances the employee will be given the reason(s) for the decision.

3.1PUBLIC SERVICE

3.1.1Public Duties

All school based staff will be granted reasonable paid leave of absence to serve on public bodies or undertake public duties. The employee is entitled to any attendance allowances/expenses in addition to full pay. However, where an allowance is claimable for loss of earnings the employee must claim and pay the allowance to Leeds City Council.

This provision includes duties as:-

i)A Juror

ii)A Justice of the Peace (Magistrate)

iii)A Member of a Local Authority

iv)A co-opted member of a local authority committee

v)A member of a statutory tribunal

v)A member of a Regional or District Health Authority

vi)A member of a National Health Service Trust

vii)A member of a Family Practitioner Committee

viii)A Governor of a school, higher education corporation or educational establishment maintained by a local authority

ix)A member of a Board of Visitors to prisons, remand centres and young offender institutions

3.1.2Employees Serving on Outside Bodies

Principals have the authority to approve requests from school based staff to attend meetings of Professional Bodies, Associations, National Committees, etc. subject to a maximum of 4 paid days leave per year.

Each case will be considered on its merits, taking into account service provision. All requests over 4 days per year will be considered by an appropriate committee of the Governing Body.

The employee is entitled to any attendance allowances/expenses in addition to normal pay. Where loss of earnings can be claimed this must be paid to Leeds City Council. In addition, where leave with pay is granted any fees in respect of these duties must be paid to the Council.

3.1.3Elections

School based staff who serve during an Election (General Election, By Election, Local Election or European Election) are granted time off with pay for the time involved. Recognised roles include; Presiding Officer, Polling Clerk. These provisions apply to employees serving on elections with neighbouring Councils where reciprocal arrangements are made i.e. the employees of other Councils would be given time off to serve elections within Leeds City Council boundaries. This provision does not extend to those individuals who assist candidates/parties at elections e.g. agents, those who have been involved in canvassing etc. who will be expected to take annual leave (where appropriate), or may be granted unpaid leave.

3.1.4Councillors of Other Authorities

The Local Government and Housing Act 1989 has made it unlawful for a local authority to give in excess of 208 hours of paid time off in any one financial year to any of its employees to enable them to undertake their duties as an elected member of another local authority. This limit does not, however, apply to the posts of Council Chair of an authority or Mayor. Principals may still, however, grant unpaid leave of absence for local authority duties if he/she considers this to be reasonable.

The monitoring and control of time off for members of other Councils is the responsibility of the School/employing department. Such records may be required for future inspection by an external monitoring body. The employee is entitled to claim any attendance allowance/expenses in addition to full pay.

3.1.5Jury Service

Time off with pay will be granted for jury service. Where loss of earnings can be claimed this must be paid to Leeds City Council.

3.1.6Witness in Court

School based staff who are required to attend court as a witness either in a criminal orcivil case where a witness summons or subpoena is issued shall be granted time off with pay. Where loss of earnings are paid the employee must claim and pay the allowance to the Council.

Where an employee is requested to attend court as a witness by the Crown Prosecution Service (CPS) they will be paid an allowance by the CPS towards basic salary lost which they must claim and repay to the Council.

Reasonable paid time off will be granted where

  • an employee is attending court (but where neither a witness summons nor subpoena has been issued) and is giving evidence in cases of violence or harassment involving a request by the employee for court orders (e.g. injunction proceedings)
  • an employee attends court as a witness in a civil case, but not answering to a subpoena.

The employee will provide, upon request, documentary evidence in connection with their attendance.

3.1.7Search and Rescue Activities - Volunteer Warden Service

School based staff who are called upon at short notice to participate in search and rescue missions as part of this service are to be allowed special leave with pay for the days in question.

3.2SERVICE IN NON-REGULAR FORCES

3.2.1Support staff working term time only and Teachers

A teacher who is a volunteer member of the non-regular forces is entitled to attend Summer Camp or equivalent as required. Where loss of earnings are paid, the employee must claim and pay the allowance to the Council.

3.2.2Support staff working all year round

Support staff working throughout the year who are volunteer members of the non-regular forces are entitled to the following leave to attend Summer Camp or equivalent, in addition to their normal annual leave:

  • where the employee is entitled to only 20/21 days annual leave, the employee shall be granted 10 days leave with pay.
  • where the employee is entitled to more than 21 days annual leave, the employee shall be granted 5 days leave with pay and 5 days leave without pay.
  • employees who, as members of the Territorial Army and Volunteer Reserve are required to undertake training additional to attendance at Summer Camp where the employee cannot arrange for such training to take place on days when they would not be working, shall be granted paid leave, subject to the exigencies of the school and approval by the Principals.
  • where the member of staff is called up to serve for longer periods, in accordance with the Armed Forces (Safeguard of Employment) Act 1985, time off will be granted and their employment will be protected in accordance with those statutory arrangements. Where loss of earnings are paid by the armed forces, any time off will be without pay.

3.3SPECIAL EVENTS /FUNCTIONS

Reasonable leave of absence with pay will be granted where a member of staff is required to attend a specific function or event either as a participant or in support of others, e.g.:

  • an employee is specifically requested by a Government Department or Governing Body, or other similar body, to attend a particular function or event;
  • an employee is required to attend a national or international event as either a competitor or in support of those competing;
  • an employee may be receiving some form of honour.

However, where an allowance is claimable for loss of earnings the employee must claim and pay the allowance to Leeds City Council.

3.4BEREAVEMENT LEAVE

The following factors should be taken into consideration when determining how many days leave can be granted, up to the maximum given below:

-it is the bereavement of the immediate family or a partner’s family

-an individual has been brought up by some other person/relative

-where an employee is solely responsible for the funeral arrangements

3.4.1Support Staff working Term Time Only and Teachers

Support staff working term time only and Teachers may be granted up to 5 days paid leave inclusive of travelling time for the bereavement of a member of a teacher’s or support staff’s immediate family or that of his/her partner.

For any other funeral, the request for leave must be approved by the Principals, and would normally be a maximum of one day for the interment plus reasonable travelling time

3.4.2Support Staff working all year round

Support staff working all year round may be granted up to 5 days paid leave for the bereavement of a member of the immediate family or that of his/her partner, to include attendance at the funeral.

For any other funeral, normal expectation would be that this could be covered through annual leave arrangements.

3.5ABSENCE FOR DENTAL TREATMENT

3.5.1All School Based Staff

Routine visits to the dentist (i.e. all non-emergency appointments) should be arranged during an employee’s own time.

Urgent /dental treatment should be treated as sickness and there will be no need for leave of absence to be requested.

If such an emergency requires the employee to continue to be absent from work for a period longer than that necessary to gain treatment, the absence will be treated as being due to ill health and the normal sickness procedures will be followed.

3.6ABSENCE FOR DOCTORS'/HOSPITAL APPOINTMENTS

3.6.1All School Based Staff

Wherever possible, all Doctor’s/Hospital appointments should be made in an employees own time. Where an employee is unable to ensure that appointments are in their own time then an appointment may be made in normal working hours and time off with pay will be granted.

Where a hospital appointment is made in normal working hours, the employee will be asked to provide their Principals or most appropriate person with the appointment card/letter in order to confirm the details. Whilst it is acknowledged that initial hospital appointments may be unavoidably within work time, where possible, follow up appointments should be arranged in the employee’s own time. If this also proves difficult, then effort should be made to arrange appointments at either the beginning or the end of the school day minimise disruption.

All non-elective hospitalisation should be treated as sickness. Medical certificates should be provided in accordance with the normal sickness procedure.

Where the treatment involves longer periods of hospitalisation or absence, medical certificates should be provided in accordance with the normal sickness procedure.

3.7EMERGENCY/ DOMESTIC LEAVE

3.71All School Based Staff

All employees now have a legal entitlement to take unpaid time off to deal with incidents involving their dependents. A dependent is defined as:

  • A spouse
  • A parent
  • A person living in the same household, other than as an employee, tenant, lodger or boarder.

By this definition, unmarried partners of the opposite or same sex and living together, will be classed as dependents.

A dependent is also any person who reasonably relies on the employee for assistance on an occasion when the person falls ill or is injured or assaulted, or to make arrangements for the provision of care in the event of illness or injury. This includes, for example, elderly relatives not living in the same household but reliant on the employee to assist them in the event of illness or injury.

No qualifying period of service is required, and all employees will have the right to a reasonable amount of unpaid time off.

For the purposes of this policy, requests for time off for family and domestic reasons would beconsidered under the headings below. This policy goes further than the legal entitlement to unpaid time off, it defines the circumstances in which schools should consider granting paid leave.